Joint Committee on Statutory Instruments Twenty-Eighth Report



APPENDIX

Memorandum from the Ministry of Agriculture, Fisheries and Food

OIL AND FIBRE PLANT SEEDS (AMENDMENT) (ENGLAND) REGULATIONS 2000 (S.I. 2000/1789

VEGETABLE SEEDS (AMENDMENT) (ENGLAND) REGULATIONS 2000 (S.I. 2000/1790)

BEET SEEDS (AMENDMENT) (ENGLAND) REGULATIONS 2000 (S.I. 2000/1791)

FODDER PLANT SEEDS (AMENDMENT) (ENGLAND) REGULATIONS 2000 (S.I. 2000/1792)

CEREAL SEEDS (AMENDMENT) (ENGLAND) REGULATIONS 2000 (S.I. 2000/1793)

  1. The Committee considered the above instruments at its meeting on 18 July 2000 and has requested a memorandum on the following point—

            "Explain the purpose and effect of the new provision in regulation 5(1A) of the 1993 Regulations added by regulation 2(7) of this instrument (S.I. 2000/1789) and in particular (a) whether the provision is worded as intended; (b) how the words "marketed for processing" relate to the rest of the provision; and (c) what is meant by the words "provided that the identity of the seed is ensured"

      A corresponding question [arises] in relation to the same new provision as added by the following other instruments—

      S.I. 2000/1790 regulation 2(7)

      S.I. 2000/1791 regulation 2(7)

      S.I. 2000/1792 regulation 2(8)

      S.I. 2000/1793 regulation 2(7)."

  2. The new provision in regulation 5(1A) added by regulation 2(7) of S.I. 2000/1789 is identical to the second ident of the new article 3a of Council Directive 69/208/EC added by article 5(7) of Council Directive 98/95/EC. This replaces the previous corresponding provision of Council Directive 69/208/EC, article 3.5(d), which was repealed by article 5(6) of Council Directive 98/95/EC. Corresponding changes are made by the other amending statutory instruments referred to above in response to the corresponding changes made by Council Directive 98/95/EC to the Directives which they implement.

  3. In answer to the Committee's question to explain the purpose and effect of the new provision and in particular "(a) whether the provision is worded as intended", each of these new provisions is worded as intended. Each is a faithful copy out of the corresponding provision of the Council Directives respectively implemented by these Regulations. The purpose of the new provision in each of the Directives and implementing Regulations is to provide an exemption from the prohibition on the marketing of seed which otherwise applies unless the seed is officially certified and satisfies certain conditions. The effect of the exemptions is that the prohibition on marketing in each of the Regulations does not apply to "seed as grown, marketed for processing, provided that the identity of the seed is ensured".

  4. The answer to the question "(b) how the words "marketed for processing" relate to the rest of the provision" is that the prohibition on marketing seed in each of the Regulations does not apply to the marketing of "seed as grown, marketed for processing". Each of the Regulations make provision in relation to seed for sowing, for which see section 38(2) of the Plant Varieties and Seeds Act 1964 (c. 14) under which each of the Regulations is made, "begin seed intended for the production of agricultural and horticultural crops, other than for ornamental purposes" (regulation 4(1) of the Oil and Fibre Plant Seeds Regulations 1993, and the corresponding provisions of the other Regulations). The Regulations do not make provision in relation to seed otherwise than for sowing, such as seed grown marketed for processing.

  5. The users of each of the Regulations are the sowers of the seed for sowing for the production of agricultural and horticultural crops, other than for ornamental purposes, in relation to which the Regulations make provision. The Regulations and their relative Directives do not make provision in relation to seed as grown, marketed for processing. The words "marketed for processing" make clear that the marketing for processing of seed as grown is not prohibited by the Regulations but that this exemption from the prohibition does not extend to the marketing otherwise than for processing of seed as grown.

  6. The answer to the question (c), what is meant by the words "provided that the identity of the seed is insured", is that it is a provision needed to support the application of the exemption in each of the Directives and Regulations, from the prohibition on marketing, to the marketing of seed as grown, marketed for processing. Without the words "provided that the identity of the seed is ensured" the exemption would not be limited to seed the identity of which is ensured but would apply also to seed the identity of which is not ensured. This is not the purpose of the Directives and would not have been an effective implementation of the requirement in the Directives for member States to limit the application of the exemption from the prohibition on marketing to the marketing of seed as grown, marketed for processing, provided that the identity of the seed is ensured.

  7. The Ministry's guide to seed certification in England and Wales explains this in the following guidance:

      "...11.12 Labelling, storage and movement of "as grown" seed

      The applicant is responsible for ensuring that the harvested seed is kept separate from all other seed and is labelled with the kind and variety and either the crop identity number or the name of the grower and the field in which it was grown. The applicant's own labels may be used for this purpose. Where seed is taken from the field in bags only new or clean bags should be used. The applicant should arrange for the movement of the "as grown" seed to the premises of a processor and ensure the separate identity of the seed....".


25th July 2000


 
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